FULLANTE, MA, KHRISTINE A.

13-11236 JURIS DOCTOR

INTERNATIONAL COURT OF JUSTICE
SPECIAL AGREEMENT
BETWEEN THE STATE OF AMALEA (APPLICANT)
AND THE REPUBLIC OF RITANIA (RESPONDENT)
TO SUBMIT TO THE INTERNATIONAL COURT OF JUSTICE
THE DIFFERENCES BETWEEN THE PARTIES
CONCERNING CERTAIN ACTIVITIES WITHIN THE MALACHI GAP
I. FACTS
AMALEA
+
a developing, newly industrialized island state

RITANIA
-

a developed, industrialized peninsular

state

The Strait of Malachi itself contains abundant

fish and shellfish stocks, and Amalean fishing
vessels have historically plied almost every
part of the Strait, regularly coming within less
than 40 nautical miles of the Ritanian coast.
Fish accounts for roughly 40% of the protein
content of the Amalean diet. Amaleas fishing
industry supplies the domestic market and is
also responsible for exports generating more
than 5% of the countrys USD 45 billion GDP.
The industry directly employs over 250,000
people.

Ritania, by contrast, has never

developed a commercially
significant fishing industry
and its people do not consume
significant quantities of
seafood. Ritanian fishing in
the Strait of Malachi is
limited to sedentary fish
species found within five
nautical miles of the
coastline.
Ritanian geologists discovered

though at the time it was not

On 29 October 1957, Amalea established

bounded conservation zones in those areas of
the seas contiguous to its coasts (including
large portions of the Strait of Malachi) where
fishing activities had been developed and
maintained solely by Amalea, and declared
that fishing activities in those areas were
subject to the regulation and control of
Amalea.
voted in favor of UNGA Resolution No. 1105
(XI) convening the First United Nations
Conference on the Law of the Sea
signed the four Geneva Conventions on the
Law of the Sea

but not the Optional

Protocol on the
Compulsory
Settlement of
Disputes.
Amalea ratified them
in September 1962.

managed their respective interests in the

resources within and beneath the Strait of
Malachi without further attempts at
negotiating bilateral arrangements.
participated in the Third United Nations
Conference on the Law of the Sea from 1973
to 1982
13 June 1984, the President of Amalea, by
proclamation, asserted his countrys claim to a

Amalea signed
UNCLOS in June

significant reserves of petroleum and

natural gas beneath the seabed in the
Strait of Malachi
On 19 September 1956, the President
of Ritania issued a proclamation
claiming all rights to the natural
resources of the subsoil and sea bed of
the continental shelf contiguous to the
coasts of Ritania. The proclamation
also stated that where the continental
shelf extends to the shores of another
State, the boundary of the shelf is to
be determined in accordance with
equitable principles.
voted in favor of UNGA Resolution
No. 1105 (XI) convening the First
United Nations Conference on the
Law of the Sea
signed the four Geneva Conventions
on the Law of the Sea

Ritania ratified all four Conventions

in February 1961
managed their respective interests in
the resources within and beneath the
Strait of Malachi without further
attempts at negotiating bilateral
arrangements.
participated in the Third United
Nations Conference on the Law of the
Sea from 1973 to 1982
In April 1983, Ritania signed and
ratified the 1982 Convention on the

technologically feasible to
exploit these deposits.

but not the Optional Protocol

on the Compulsory
Settlement of Disputes.

200 nautical mile EEZ. Among other things,

the Proclamation also claimed the right to
control energy production, as well as the
establishment and use of artificial islands,
installations, and structures having economic
purposes, within the EEZ.

Amalea was among the first nations in the

world to develop and implement sustainable
fishing practices.
In 1986, its legislature enacted the Coastal
Fisheries Protection Act, which stated that it
applied, inter alia, to the EEZ. The Act
established a licensing scheme for all fishing
activities, granting authority to the Amalean
Environmental Protection Agency to regulate
any activities that posed risks to fish stocks.

1983, but has never

ratified it.

Law of the Sea (UNCLOS), and

claimed a 200 nautical mile exclusive
economic zone (EEZ) the same year.
In relevant part, Ritanias declaration
stated: in cases where the maritime
boundary with a neighboring state has
not been definitively fixed, or where
Ritania and another state have asserted
potentially conflicting or overlapping
claims to EEZs, these matters shall be
determined by Ritania and the other
state in accordance with international
law.

Through a Note Verbale issued four

days after the promulgation of the
Coastal Fisheries Protection Act,
Ritania objected to any potential
interpretation of the Act as applying to
any part of the Strait of Malachi, on
the grounds that the potentially
conflicting EEZ claims of the two
states had never been resolved.
In 1988, a Ritanian exploration vessel
discovered the Erebus gas field, a
massive natural gas deposit located in
deep waters within the Strait of
Malachi, approximately 150 nautical
miles from the coast of Ritania. By
then, advances in oil and gas
extraction technology were such that
Ritania believed the exploitation of
the Erebus field could become

The Malachi Gap Treaty was hailed by both

sides as an historic achievement, which
allowed Amalea to protect vital fisheries
resources within the Strait of Malachi
Later in 1993, Amalea amended its Coastal
Fisheries Protection Act
For most of recorded history, the people of
Amalea have prized the flesh of the Dorian
wrasse

commercially feasible within the next

decade.
The Malachi Gap Treaty allowed
Ritania to develop subsea resources
such as the Erebus gas field

numerous efforts to
import and market
substitutes have been
unsuccessful

Amalea consistently maintained that Ritania

had no right to engage in or to allow dredging
within the Malachi Gap, and that even if it did
have such a right, Ritania could not permit
such dredging to proceed without at least a full
EIA specifically covering all of its potential
impacts.
Amalean Environmental Protection Agency
published a report prepared by the
International League for Sustainable
Aquaculture (ILSA), an international nongovernmental organization whose members
include prominent marine scientists from
around the world. The report concluded that
any major dredging activity in the Malachi
Gap would likely interfere with ongoing
research and conservation efforts, and could
potentially prove catastrophic for native
species and ecosystems.

Ritanian billionaire Esmeralda Kali

announced her intention to finance the
construction of Excelsior Island on the
Sirius Plateau.
Ritania maintained that its regulatory
processes complied with international
law.

Amalea would hold Ritania

responsible for economic
losses caused by harm to the
fishing stocks once its precise
impact had been determined.

The total catch of

Dorian wrasse
reported by Amalean
fishing companies to

In January 2010, a Ritanian oil and

gas exploration vessel conducting
sonar mapping operations in the
Malachi Gap to the west of the

the Ministry of
Fisheries by the end of
2010 and 2011 had
fallen to 25% and
15%, respectively, of
the levels reported in
2000.
Ritanian history books
describe Baldric
Verdigris as a ruthless
Amalean pirate,
responsible for the
plunder and
destruction of the
Ritanian capital of
Helios during the
week of 4 March
1510.
In January 2011, the Amalean Cultural Affairs
Ministry announced that it had acquired five
objects recovered in an exploratory dive to the
wreck by Milo Bellezza, a well-known deep
sea treasure hunter of Swiss nationality. These
included an item that appeared to be the
Sacred Helian Coronet. Detailed information
provided by Bellezza following his
exploratory dive had persuaded Amalea that
the hull structure of the Cargast was at risk of
catastrophic collapse. Amalea, therefore,
contracted with Bellezza to explore the wreck
and recover items therefrom.

Amalean Trench, discovered the

wreck of the schooner Cargast, whose
captain was Baldric Verdigris, an
Amalean explorer and cartographer.
The wreck was approximately 80
nautical miles from the nearest point
on the Amalean coast.
Ritanian history books describe
Baldric Verdigris as a ruthless
Amalean pirate, responsible for the
plunder and destruction of the
Ritanian capital of Helios during the
week of 4 March 1510.

Ritanian Minister of Cultural Affairs

Gloria de Sousa declared that if later
investigations revealed the presence of
the Sacred Helian Coronet on board
the ship, this would be the realization
of a dream of generations of our
ancestors, in whose honor the entire
population of Ritania will, as one,
welcome home this revered symbol of
our nation. She noted that the media
had in recent days reported the arrival
at Amaleas main airport of a number
of internationally known divers
experienced in recovering treasure lost
at sea, and stated that Ritania will not
tolerate the presence of looters of
any nationality anywhere near the

no Ritanian ships were sent

to the wreck site after that
statement was published.

Amaleas Cultural Affairs Ministry responded

that the wreck and all other items, including
the Coronet, were recovered in good faith, and
in any event Amalea remains in fact and at law
the owner of the wreck of the Cargast and its
cargo. In June 2011, the Ministry granted Milo
Bellezza, acting as agent for and on behalf of
the Republic of Amalea, the status of salvor
of the wreck of the Cargast

Cargast, and we reserve the right to

send naval patrol vessels to the area to
prevent the desecration of our national
heritage.
Ritanian President Lipman
immediately issued a public statement,
denouncing Amaleas granting of a
license to Bellezza as a violation of
the letter and spirit of the Malachi Gap
Treaty as well as customary
international law. The license, the
President stated, should be declared
null and void, and of no legal effect.
On behalf of all Ritanians, we intend
to seek the return of the items already
in Amaleas possession, including the
Coronet, which are the sacred
property of our people.

II. ISSUES
AMALEA
RITANIA
ISSUE 1: COMPENSATION FOR THE ECONOMIC LOSS CAUSED BY THE 2009 LANDSLIDE
Ritanias acts and omissions with respect to the development of
Ritanias conduct with respect to the Excelsior Island project
Excelsior Island violated international law, and Amalea is
complied in all respects with its obligations under international
therefore entitled to seek compensation from Ritania for
law and the terms of the Malachi Gap Treaty, and Ritania has no
economic losses caused by the landslide.
obligation to compensate Amalea for any loss or damage
allegedly caused by the 2009 landslide.
ISSUE 2: OWNERSHIP OF THE WRECK OF CARGAST AND ALL ITS ARTIFACTS AND THE DEPLOYMENT OF
PATROL VESSELS
Amalea has exclusive ownership of the wreck of the Cargast and
Milo Bellezzas salvage of the Cargast is unlawful, and the cargo
all artifacts recovered from it, and Ritanias deployment of patrol and artifacts recovered from the wreck properly belong to Ritania,
vessels to the site of the Cargast violated international law.
which has the right to protect them.
ISSUE 3: AMALEAN NAVYS PURSUIT OF OSCAR DE LUZ
The Amalean Navys pursuit of Oscar de Luz into Ritanias EEZ, The Amalean Navys pursuit of Oscar de Luz into Ritanias EEZ,
and his subsequent arrest, were in compliance with international
and his subsequent arrest, were illegal.
law.
ISSUE 4: JURISDICTION TO CONVICT OSCAR DE LUZ
Amalea had jurisdiction to try and convict Luz for criminal
Amalea was without jurisdiction to try Luz in connection with the
actions related to the Rosehill incident, and has no obligation to
Rosehill collision, and must return him to Ritania immediately.
return him to Ritania.

III. ARGUMENT
AMALEA
RITANIA
ISSUE 1: COMPENSATION FOR THE ECONOMIC LOSS CAUSED BY THE 2009 LANDSLIDE
21.
Upon learning of the proposal to build Excelsior Island,
If it is approved by the appropriate Ritanian authorities,
Amaleas Foreign Minister summoned the Ritanian Ambassador,
Excelsior Island itself (consisting of the reclaimed land, all
who confirmed that the feasibility of EIGPs plan was currently
associated structures, and the offshore wind farm) will be built
under review by the Ritanian government. During the meeting, entirely outside of the Malachi Gap and within Ritanias
the Amalean Foreign Minister made clear that such a large-scale uncontested exclusive economic zone. Therefore, Amaleas
project cannot be undertaken except with the consent of both
consent for the project is not required. To the extent that any
Amalea and Ritania, in accordance with the letter and spirit of the activities relating to the construction of Excelsior Island will take
Malachi Gap Treaty
place within the Malachi Gap, Ritania will take appropriate
measures to ensure that such activities are carried out in full
compliance with Ritanian law, as well as with Ritanias
obligations under the Malachi Gap Treaty and any applicable
norms of international law
Amalea consistently maintained that Ritania had no right to
engage in or to allow dredging within the Malachi Gap, and that
even if it did have such a right, Ritania could not permit such
dredging to proceed without at least a full EIA specifically
covering all of its potential impacts.

Ritania maintained that its regulatory processes complied with

international law.

The total catch of Dorian wrasse reported by Amalean fishing

companies to the Ministry of Fisheries by the end of 2010 and
2011 had fallen to 25% and 15%, respectively, of the levels
reported in 2000. Amaleas Foreign Minister contacted her
counterpart in Ritania to advise him of this development, stating
that Amalea would hold Ritania responsible for economic losses
caused by harm to the fishing stocks once its precise impact had
been determined

Ritanias conduct with respect to the Excelsior Island project

complied in all respects with its obligations under international
law and the terms of the Malachi Gap Treaty, and Ritania has no
obligation to compensate Amalea for any loss or damage
allegedly caused by the 2009 landslide.

ISSUE 2: OWNERSHIP OF THE WRECK OF CARGAST AND ALL ITS ARTIFACTS AND THE DEPLOYMENT OF
PATROL VESSELS
The captain of the Cargast was an Amalean explorer and
Ritania oil and gas exploration vessel conducting sonar mapping
cartographer. The wreck was approximately 80 nautical miles
operations discovered the wreck of Cargast
from the nearest point on the Amalean Coast.
At the time the Cargast went down, Verdigris held a letter of
marque from the King of Amalea, who granted the ship to him for
use to bring glory to the Kingdom of Amalea. The crew of the
vessel appears to have been recruited, employed, and provisioned
by Verdigris using funds provided by private financial backers,
who hoped to recover their investment through shares of the
foreign treasure they hoped he would bring back to Amalea.

Ritanian history books describe Baldric Verdigris as a ruthless

Amalean pirate, responsible for the plunder and destruction of
the Ritanian capital of Helios during the week of 4 March 1510.
On their return to Amalea from what contemporary records said
was a very successful trading mission to recently discovered
overseas territories, Verdigris and his crew laid siege to Helios,
setting fire to the town, killing hundreds of people, and stealing
most of the towns prized religious and cultural icons as well as
all of the precious objects that they could carry.

Cargast and all of the cargo that might be on board as the

property of Amalea, to be held in trust for all humankind. He
noted that the wreck should be protected from those who have
no right to it.

The President of Ritania immediately responded with gratitude

for our shared understanding that the unique property on board
the Cargast, sacred to the people of Ritania, must be treated with
dignity and respect, but also noting our feeling of deep offense
that Amalea, or any other country, would claim ownership or
control of our nations birthright. As and when appropriate, the
contents of the ship should be brought to the surface for careful
restoration and preservation, and thereafter treated in a manner
consistent with international law.

In January 2011, the Amalean Cultural Affairs Ministry

announced that it had acquired five objects recovered in an
exploratory dive to the wreck by Milo Bellezza, a well-known
deep sea treasure hunter of Swiss nationality. These included an
item that appeared to be the Sacred Helian Coronet. Detailed
information provided by Bellezza following his exploratory dive

The Ritanian government, through its embassy in Amalea,

strongly objected to what it called the systematic looting of the
wreck of the Cargast, and announced that it was again
considering the deployment of naval vessels to patrol the area.
No such ships were in fact observed in the vicinity of the wreck
during 2011. Ritania also demanded that Amalea immediately

had persuaded Amalea that the hull structure of the Cargast was at
risk of catastrophic collapse. Amalea, therefore, contracted with
Bellezza to explore the wreck and recover items therefrom

hand over the items plundered by the modern-day pirate Milo

Bellezza, who proposes to consummate the theft of our national
identity begun by his comrade and role-model Baldric Verdegris
half a millennium ago.

Amaleas Cultural Affairs Ministry responded that the wreck and

all other items, including the Coronet, were recovered in good
faith, and in any event Amalea remains in fact and at law the
owner of the wreck of the Cargast and its cargo. In June 2011, the
Ministry granted Milo Bellezza, acting as agent for and on
behalf of the Republic of Amalea, the status of salvor of the
wreck of the Cargast.

Ritanian President Lipman immediately issued a public

statement, denouncing Amaleas granting of a license to Bellezza
as a violation of the letter and spirit of the Malachi Gap Treaty
as well as customary international law. The license, the
President stated, should be declared null and void, and of no
legal effect. On behalf of all Ritanians, we intend to seek the
return of the items already in Amaleas possession, including the
Coronet, which are the sacred property of our people.

ISSUE 3: AMALEAN NAVYS PURSUIT OF OSCAR DE LUZ and

ISSUE 4: JURISDICTION TO CONVICT OSCAR DE LUZ
Since 1995, Amaleas Penal Code has specifically included
Arrest and prosecution of Luz were illegal under international
offenses committed in Amaleas uncontested EEZ and the
law. Ritania argued that it had exclusive jurisdiction over the
Malachi Gap. Thus, Amalea had jsurisdiction to try Luz for
alleged offenses, and demanded that Luz immediately be
violations of Amalean Criminal laws.
returned to Ritania for investigation.
Ritania criminal law did not expressly provide for prosecution of
offenses committed outside the countrys territorial waters, and
thereforemight never be required to answers for his crimes.

As a signatory to UNCLOS, Amalea is expected to cooperate

fully.